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NeCede's

Maxim 8.8.2

The antecedent has relation to that which next follows unless thereby the meaning of the sentence would be impaired.

Ad proximum antecedens fiat relatio, nisi impediatur sententia.

Source: Jenk. Cent. 180; Jackson Difficulty 2/5 — Approachable

Explanation

A relative word or clause refers to the nearest antecedent unless that construction would produce an absurd or unintelligible result. (Duplicate maxim — see also 10.2.1.)

Where this applies

  • The pronoun 'it' in the judgment — does it refer to the first thing mentioned or the second?
  • An ambiguous reference in the court's ruling needs to be resolved by reading context.

Legal domains

See also

Cite this maxim

NeCede Max. 8.8.2 — The antecedent has relation to that which next follows unless thereby the meaning of the sentence would be impaired. — Jenk. Cent. 180; Jackson (Ad proximum antecedens fiat relatio, nisi impediatur sententia.)

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